(2) $1,785,000,000 for the fiscal year 1986 and $1,785,000,000 for the fiscal year 1987 for assistance under this chapter for recipients or purposes other than the countries referred to in paragraph (1).724

(b) Amounts appropriated to carry out this chapter are authorized to remain available until expended.

Sec. 533.725 Emergency Assistance. (a) Of the funds appropriated to carry out this chapter up to $75,000,000 for the fiscal year 1986 and up to $75,000,000 for the fiscal year 1987 may be made available for emergency use under this chapter when the national interests of the United States urgently require economic support to promote economic or political stability.

(b) Notwithstanding any provision of this chapter or of an appropriations act (including a joint resolution making continuing appro

available on a grant basis as a cash transfer and shall be disbursed within 30 days of the enactment of this Act or by October 31, 2001, whichever is later: Provided further, That not less than $655,000,000 shall be available only for Egypt, which sum shall be provided on a grant basis, and of which sum cash transfer assistance shall be provided with the understanding that Egypt will undertake significant economic reforms which are additional to those which were undertaken in previous fiscal years, and of which not less than $200,000,000 shall be provided as Commodity Import Program assistance: Provided further, That in exercising the authority to provide cash transfer assistance for Israel, the President shall ensure that the level of such assistance does not cause an adverse impact on the total level of nonmilitary exports from the United States to such country and that Israel enters into a side letter agreement in an amount proportional to the fiscal year 1999 agreement: Provided further, That of the funds appropriated under this heading, $150,000,000 should be made available for assistance for Jordan: Provided further, That of the funds appropriated under this heading, $50,000,000 should be made available for assistance for Indonesia: Provided further, That not less than $15,000,000 of the funds appropriated under this heading shall be made available for Cyprus to be used only for scholarships, administrative support of the scholarship program, bicommunal projects, and measures aimed at reunification of the island and designed to reduce tensions and promote peace and cooperation between the two communities on Cyprus: Provided further, That not less than $35,000,000 of the funds appropriated under this heading shall be made available for assistance for Lebanon to be used, among other programs, for scholarships and direct support of the American educational institutions in Lebanon: Provided further, That notwithstanding section 534(a) of this Act, funds appropriated under this heading that are made available for assistance for the Central Government of Lebanon shall be subject to the regular notification procedures of the Committees on Appropriations: Provided further, That the Government of Lebanon should enforce the custody and international pickup orders, issued during calendar year 2001, of Lebanon's civil courts regarding abducted American children in Lebanon: Provided further, That of the funds appropriated under this heading, not less than $25,000,000 shall be made available for assistance for East Timor of which up to $1,000,000 may be transferred to and merged with the appropriation for Operating Expenses of the United States Agency for International Development: Provided further, That funds appropriated under this heading may be used, notwithstanding any other provision of law, to provide assistance to the National Democratic Alliance of Sudan to strengthen its ability to protect civilians from attacks, slave raids, and aerial bombardment by the Sudanese Government forces and its militia allies, and the provision of such funds shall be subject to the regular notification procedures of the Committees on Appropriations: Provided further, That in the previous proviso, the term 'assistance' includes non-lethal, non-food aid such as blankets, medicine, fuel, mobile clinics, water drilling equipment, communications equipment to notify civilians of aerial bombardment, non-military vehicles, tents, and shoes: Provided further, That with respect to funds appropriated under this heading in this Act or prior Acts making appropriations for foreign operations, export financing, and related programs, the responsibility for policy decisions and justifications for the use of such funds, including whether there will be a program for a country that uses those funds and the amount of each such program, shall be the responsibility of the Secretary of State and the Deputy Secretary of State and this responsibility shall not be delegated.".

See also title II in that Act, paragraphs relating to Burma (115 Stat. 2123), Eastern Europe and the Baltic states (115 Stat. 2126), and title V in that Act, including: sec. 515-Notification Requirements (115 Stat. 2142); sec. 521-Definition of Program, Project, and Activity (115 Stat. 2145); sec. 526-Democracy Programs (115 Stat. 2147); sec. 536-Administration of Justice Activities (115 Stat. 2152); sec. 550-Probition of Payment of Certain Expenses (115 Stat. 2157); sec. 558-Assistance for the Middle East (115 Stat. 2160); sec. 570-Iraq (115 Stat. 2166); sec. 571-West Bank and Gaza Program (115 Stat. 2167); sec. 579-Basic Education Assistance for Indonesia and Pakistan (115 Stat. 2170); and sec. 585--El Salvador Reconstruction and Central America Disaster Relief (115 Stat. 2172).

725 22 U.S.C. 2346b. Sec. 202 of the International Security and Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1529) added sec. 535. Sec. 201(b) of the International Security and Development Cooperation Act of 1985 replaced the years "1982" and "1983" with "1986" and "1987".

priations) which earmarks funds available to carry out this chapter for a specific country or purpose, up to 5 percent of each amount so earmarked may be used to carry out this section.

Sec. 534.726, 727 Administration of Justice.—(a) The President may furnish assistance under this chapter to countries and organizations, including national and regional institutions, in order to strengthen the administration of justice in countries in Latin America and the Caribbean.

(b) Assistance under this section may only include

(1) support for specialized professional training, scholarships, and exchanges for continuing legal education;

(2) programs to enhance prosecutorial and judicial capabilities and protection for participants in judicial cases;

(3) 728 notwithstanding section 660 of this Act

(A) programs to enhance professional capabilities to carry out investigative and forensic functions conducted under judicial or prosecutorial control;

(B) programs to assist in the development of academic instruction and curricula for training law enforcement personnel;

(C) programs to improve the administrative and management capabilities of law enforcement agencies, especially their capabilities relating to career development, personnel evaluation, and internal discipline procedures; and

(D) programs, conducted through multilateral or regional institutions, to improve penal institutions and the rehabilitation of offenders;

(4) strengthening professional organizations in order to promote services to members and the role of the bar in judicial selection, enforcement of ethical standards, and legal reform;

726 22 U.S.C. 2346c. Sec. 534 was added by sec. 712 of the International Security and Development Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 244).

727 Sec. 536 of the Kenneth M. Ludden Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2002 (Public Law 107-115; 115 Stat. 2152), provided the following:

"ADMINISTRATION OF JUSTICE ACTIVITIES

"SEC. 536. Of the funds appropriated or otherwise made available by this Act for 'Economic Support Fund', assistance may be provided to strengthen the administration of justice in countries in Latin America and the Caribbean and in other regions consistent with the provisions of section 534(b) of the Foreign Assistance Act of 1961, except that programs to enhance protection of participants in judicial cases may be conducted notwithstanding section 660 of that Act. Funds made available pursuant to this section may be made available notwithstanding section 534(c) and the second and third sentences of section 534(e) of the Foreign Assistance Act of 1961.".

728 Par. (3) was amended by sec. 579 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1988 (Continuing Appropriations for 1988; Public Law 100-202; 101 Stat. 1329-181). It previously read as follows: "(3) notwithstanding section 660 of this Act, programs to enhance investigative capabilities, conducted under judicial or prosecutorial control".

Functions conferred upon the President in subpars. (A), (B), and (C) were delegated to the Assistant Administrator for Latin America and the Caribbean of the Agency for International Development in Department of State Delegation No. 189 of April 4, 1991 (56 F.R. 15127; April 15, 1991). The same delegation of authority further provided that activities covered by the subparagraphs * shall be implemented in coordination with the International Criminal Investigative Training Assistance Program of the U.S. Department of Justice. Funds made available in any fiscal year for such assistance shall not exceed $500,000.". Department of State Delegation of Authority No. 145-17 of June 13, 2000 (65 F.R. 41745) amended the 1991 delegation of authority, stating this delegation anew but omitting the earlier sentence that limited funds.

(5) increasing the availability of legal materials and publications;

(6) seminars, conferences, and training and educational programs to improve the administration of justice and to strengthen respect for the rule of law and internationally recognized human rights; and

(7) revision and modernization of legal codes and procedures. (c) 727 Not more than $20,000,000 of the funds made available to carry out this chapter for any fiscal year shall be available to carry out this section, in addition to amounts otherwise available for such purposes.

(d) Funds may not be obligated for assistance under this section unless the Committee on Foreign Affairs 729 of the House of Representatives and the Committee on Foreign Relations of the Senate are notified of the amount and nature of the proposed assistance at least 15 days in advance in accordance with the procedures applicable to reprogrammings pursuant to section 634A of this Act. (e) 727, 730 Personnel of the Department of Defense and members of the United States Armed Forces may not participate in the provision of training under this section. Of the funds made available to carry out this section, not more than $10,000,000 may be made available in fiscal year 1991 731 to carry out the provisions of subsection (b)(3) of this section. The authority of this section shall expire on September 30, 1991.

Sec. 535.732 Economic Support for Disadvantaged South Africans. *** [Repealed-1993]

Chapter 5-International Military Education and
Training 733

Sec. 541.734 General Authority.-The President is authorized to furnish, on such terms and conditions consistent with this Act

729 Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided that references to the Committee on Foreign Affairs of the House of Representatives shall be treated as referring to the Committee on International Relations of the House of Representatives.

730 Subsec. (e) was substantively amended by sec. 579 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1988 (Continuing Appropriations for 1988; Public Law 100-202; 101 Stat. 1329-181). Previously, it had an expiration date of September 30, 1987. The authority of this section was further extended from September 30, 1989, by the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990 (Public Law 101-167; 103 Stat. 1206); and from September 30, 1990, by the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1991 (Public Law 101-513; 104 Stat. 1990). For fiscal year 1992, Public Law 102-145, as amended, waived the last sentence with certain provisos.

731 Title II of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1991 (Public Law 101-513; 104 Stat. 1990), struck out "fiscal year 1990" at this point and inserted "fiscal year 1991". Previously, title II of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990 (Public Law 101-167; 103 Stat. 1206), struck out "each of fiscal years 1988 and 1989" at this point and inserted "fiscal year 1990". Public Law 101-513 also amended the third sentence to extend the authority of this section to 1991.

Sec. 2(b)(6) of the International Narcotics Control Act of 1990 (Public Law 101-623; 104 Stat. 3351), raised authorization from $7,000,000 to $10,000,000, and extended authorization to 1991, which was already extended by Public Law 101-513.

732 Formerly at 22 U.S.C. 2346d. Sec. 535 was repealed by sec. 4(a)(3)(B) of the South African Democratic Transition Support Act of 1993 (Public Law 103-149; 107 Stat. 1505). It originally was added by sec. 511 of Public Law 99-440 (100 Stat. 411). Sec. 535 provided up to $40,000,000 in each fiscal year for or assistance for activities supporting disadvantaged South Africans, including scholarships, participation in trade unions, private enterprise, and alternative education and community development programs.

733 Ch. 5 was added by sec. 106(a) of the International Security Assistance and Arms Export Control Act of 1976 (Public Law 94-329; 90 Stat. 732).

734 22 U.S.C. 2347.

as the President may determine (but whenever feasible on a reimbursable basis), military education and training to military and related civilian personnel of foreign countries. Such civilian personnel shall include foreign governmental personnel of ministries other than ministries of defense, and may also include legislators 735 and individuals who are not members of the government,736 if the military education and training would (i) contribute to responsible defense resource management, (ii) foster greater respect for and understanding of the principle of civilian control of the military, (iii) contribute to cooperation between military and law enforcement personnel with respect to counternarcotics law enforcement efforts, or (iv) 737 improve military justice systems and procedures in accordance with internationally recognized human rights.738 Such training and education may be provided through

(1) attendance at military educational and training facilities in the United States (other than Service academies) and abroad;

(2) attendance in special courses of instruction at schools and institutions of learning or research in the United States and abroad; and

(3) observation and orientation visits to military facilities and related activities in the United States and abroad.

Sec. 542.739 Authorization.-There are authorized to be appropriated to the President to carry out the purposes of this chapter $56,221,000 for the fiscal year 1986 and $56,221,000 for the fiscal year 1987.740, 741

735 Sec. 10(1) of the International Narcotics Control Act of 1992 (Public Law 102-583; 106 Stat. 4934) inserted ", and may also include legislators," after "ministries of defense".

736 Sec. 112(a) of Public Law 104-164 (110 Stat. 1427) added “and individuals who are not members of the government" after "legislators".

737 Sec. 10(2) of the International Narcotics Control Act of 1992 (Public Law 102-583; 106 Stat. 4934) redesignated clause (iii) as (iv) and inserted clause (iii).

738 Title II of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1991 (Public Law 101-513; 104 Stat. 1997), added this sentence.

Sec. 111 of Public Law 104-164 (110 Stat. 1427) provided the following:

"SEC. 111. ASSISTANCE FOR INDONESIA.

"Funds made available for fiscal years 1996 and 1997 to carry out chapter 5 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2347 et seq.) may be obligated for Indonesia only for expanded military and education training that meets the requirements of clauses (i) through (iv) of the second sentence of section 541 of such Act (22 U.S.C. 2347).".

739 22 U.S.C. 2347a.

740 The authorization figures for fiscal year 1986 and 1987 were added by sec. 104 of the International Security and Development Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 195). Authorizations under sec. 542 during recent years included the following: fiscal year 1976$27,000,000; fiscal year 1977-$30,200,000; fiscal year 1978-$31,000,000; fiscal year 1979$31,800,000; fiscal year 1980-$31,800,000; fiscal year 1981-$34,000,000; fiscal year 1982$42,000,000; fiscal year 1983-$42,000,000; fiscal year 1984-$56,452,000; fiscal year 1985-no authorization; fiscal years 1988 through 2000-no authorization; fiscal year 2001 (in Public Law 106-280) $55,000,000; fiscal year 2002 (in Public Law 106-280)-$65,000,000.

Authorization for fiscal years 2001 and 2002 was enacted in sec. 201 of the Security Assistance Act of 2000 (Public Law 106-280; 114 Stat. 851), which provided the following: "SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

"There are authorized to be appropriated to the President $55,000,000 for fiscal year 2001 and $65,000,000 for fiscal years 2002 to carry out chapter 5 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2347 et seq.).".

Title III of the Kenneth M. Ludden Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2002 (Public Law 107-115; 115 Stat. 2135), provided the following:

"INTERNATIONAL MILITARY EDUCATION AND TRAINING

"For necessary expenses to carry out the provisions of section 541 of the Foreign Assistance Act of 1961, $70,000,000, of which up to $3,000,000 may remain available until expended: Provided, That the civilian personnel for whom military education and training may be provided under this heading may include civilians who are not members of a government whose participation would contribute to improved civil-military relations, civilian control of the military, or re

Sec. 543.742 Purposes.-Education and training activities conducted under this chapter shall be designed

(1) to encourage effective and mutually beneficial relations and increased understanding between the United States and foreign countries in furtherance of the goals of international peace and security;

(2) to improve the ability of participating foreign countries to utilize their resources, including defense articles and defense services obtained by them from the United States, with maximum effectiveness, thereby contributing to greater self-reliance by such countries; and

(3) 743 to increase the awareness of nationals of foreign countries participating in such activities of basic issues involving internationally recognized human rights.

Sec. 544.744 Exchange Training. (a) 745 In carrying out this chapter, the President is authorized to provide for attendance of foreign military personnel at professional military education institutions in the United States 746 (other than service academies) without charge, and without charge to funds available to carry out this chapter (notwithstanding section 632(d) of this Act), if such attendance is pursuant to an agreement providing for the exchange of students on a one-for-one, reciprocal basis each fiscal year between those United States professional military education institutions and comparable institutions of foreign countries and international organizations.

(b) 745 The President may provide for the attendance of foreign military and civilian defense personnel at flight training schools and programs (including test pilot schools) in the United States without charge, and without charge to funds available to carry out this chapter (notwithstanding section 632(d) of this Act), if such attendance is pursuant to an agreement providing for the exchange of students on a one-for-one basis each fiscal year between those United States flight training schools and programs (including test

spect for human rights: Provided further, That funds appropriated under this heading for military education and training for Indonesia and Guatemala may only be available for expanded international military education and training and funds made available for Algeria, Indonesia and Guatemala may only be provided through the regular notification procedures of the Committees on Appropriations.".

See also in that Act: sec. 505-Limitation on Representational Allowances (115 Stat. 2139); 515-Notification Requirements (115 Stat. 2142); sec. 550-Prohibition of Payment of Certain Expenses (115 Stat. 2157); sec. 558-Assistance for the Middle East (115 Stat. 2160); and sec. 572-Indonesia (115 Stat. 2167).

741 Sec. 734(a)(1) of the International Security and Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560) struck out the second sentence of sec. 542. This sentence had prohibited training under this section outside the United States after June 30, 1976, unless the President reported and justified such training to the Congress.

742 22 U.S.C. 2347b.

743 Par. (3) was added by sec. 11(b)(3) of the International Security Assistance Act of 1978 (Public Law 95-384; 92 Stat. 736).

744 22 U.S.C. 2347c. Sec. 544 was added by sec. 126 of the International Security and Development Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 205).

745 Sec. 112(b) of Public Law 104-164 (110 Stat. 1427) added subsec. designation "(a)" and added subsec. (b).

746 Sec. 935 of the National Defense Authorization Act for Fiscal Years 1990 and 1991 provided the following:

"(a) AUTHORITY.-The United States Army Russian Institute in Garmisch-Partenkirchen, Federal Republic of Germany, shall be treated for purposes of section 544 of the Foreign Assistance Act of 1961 (22 U.S.C. 2347c) as if it were located in the United States.

"(b) EXPIRATION OF AUTHORITY.-Subsection (a) shall cease to be in effect upon the enactment in foreign assistance authorizing legislation of an amendment to section 544 of the Foreign Assistance Act of 1961 that provides the same authority as is provided by subsection (a).".